Human Rights Law Commons^™

Shifting Sands For The Stateless Under The Foreign Sovereign Immunities Act, Vivian Grosswald Curran

Articles

The Foreign Sovereign Immunities Act (FSIA) grants foreign sovereigns immunity from suit in U.S. courts, but also sets forth some exceptions. One exception to a foreign sovereign’s immunity occurs if its expropriation of property violates international law. Where the sovereign has expropriated property from its own nationals, however, the sovereign still remains immune from suit. This “domestic takings” rule is consistent with general principles of international law, although international law increasingly has been challenging a State’s right to mistreat its own nationals. In 2023, in Simon v. Republic of Hungary, the D.C. Circuit considered the issue of stateless plaintiffs, …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Articles in Law Reviews & Other Academic Journals

Internal displacement, encapsulating the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence of making a legal line in the sand based on which side of a border displacement ultimately transpires. Internally displaced persons (IDPs)—in recent history, presently, and in the projected future—far outpace the number of people displaced outside the border of their …

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu

William & Mary Journal of Race, Gender, and Social Justice

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment uncovers the harsh trickling effects of overturning Roe v. Wade through focusing on the statistical nexus between the Texas’ foster care system, the victims of system cycling, and the criminal justice system. We are witnesses to watching the Court in 1973 from first balancing State’s interest and women’s fundamental rights to having the subject be a topic of the political battlefield.

Examining precedent and the reasoning behind the United States Supreme Court’s decision is a science, and the statistics continue to prove Texas’ child welfare systems are failing the children of America. Juvenile delinquency directly correlates with low …

Why Nigeria Needs A Femicide Law, Jessica Ojiugo Chinonye

Dignity: A Journal of Analysis of Exploitation and Violence

The Federal Republic of Nigeria does not have a law against femicide or comprehensive global femicide data. The numbers currently reported at the national level are questionable, especially with the prevalence of economic-motivated harvesting of female reproductive organs in the country. The lack of a legalized femicide law has exacerbated the underreporting of such activities in Nigeria and has made the severity of the crime less visible. This article aims to name the problem by defining and advocating for a femicide law encompassing the social realities of many Nigerian females.

Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky

Marquette Sports Law Review

No abstract provided.

How Is Access To Legal Resources And Advocacy Foundational To Health Justice?, Yael Zakai Cannon

Georgetown Law Faculty Publications and Other Works

Health justice as a movement incorporates research about how to more effectively leverage law, policy, and institutions to dismantle inequitable power distributions and accompanying patterns of marginalization that are root causes of health inequity. Legal advocacy is key to health justice because it addresses patients’ health-harming legal needs in housing, public benefits, employment, education, immigration, domestic violence, and other areas of law. In medical-legal partnerships, lawyers and clinicians are uniquely positioned to jointly identify and remove legal barriers to patients’ health, advocate for structural reform, and build community power.

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck

Maine Law Review

The State of Maine is leading the nation in efforts not only to promote production of locally and sustainably grown food, but the right of consumers to grow, produce, and consume the food of their choosing. This includes creation of a constitutional right to food, a right recognized in the global community but not throughout the United States. Many advocates in the United States emphasize the right to food as a human right, advocating for the same attention and protection as other human rights such as the right to life, liberty, freedom from slavery, and freedom from discrimination. The right …

Constitutionalizing The Human Right To Food In Maine: A People’S Tool To Advance Food Sovereignty In The U.S., R. Denisse Cordova Montes, Heather Retberg, Photini Kamvisseli Suarez

Maine Law Review

On November 2, 2021, Maine voters overwhelmingly supported a statewide referendum approving an amendment to enshrine the right to food in Maine’s constitution. This vote was preceded by a decade of food sovereignty advocacy in Maine. This advocacy was led by small farmers and homesteaders and supported by people looking to opt out of the industrial food system, which is dominated by a few corporate monopolies and promotes charity-based solutions to hunger. This vote was a resounding proclamation by the people of Maine in support of the right to food, the right to save and exchange seeds, and the right …

Realizing The Right To Food In Maine: Insights From International Law, Smita Narula

Maine Law Review

In November 2021, Maine made history as the first U.S. state to constitutionally recognize the right to food. Maine’s right to food amendment—which sought to address widespread food insecurity and corporate control of the food supply—proclaims food as a “natural, inherent and unalienable right,” and empowers Mainers to grow and consume food of their own choosing, affirming their right to food sovereignty. This Article makes three key contributions to scholarly examinations of this historic amendment. First, it situates the amendment within the broader landscape of domestic and global struggles for the right to food and food sovereignty. Second, the Article …

The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke

Ocean and Coastal Law Journal

The United Nations Framework Convention on Climate Change (UNFCCC) maintains three pillars of international climate governance: (1) mitigation, (2) adaptation, and (3) loss and damage. Loss and damage, the newest pillar, refers to the negative effects of climate change that transpire despite mitigation and adaptation measures. This notion has manifested into the newly operationalized Loss and Damage Fund, which is designed to compensate developing nations for the losses and damages that occur. This Comment identifies a gap in the Loss and Damage Fund, which will leave Greenland left out of receiving compensation, despite being extremely vulnerable to climate change, because …

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …

Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov

Ocean and Coastal Law Journal

The Arctic region is strategically significant with its economic activity, resources, and its Indigenous populations. Russia has recognized the significance of the Indigenous peoples living in the Arctic and has fueled its international publicity by using these peoples as a tool for public relations. The colonizing of these regions and the strategic use of propaganda by the Russian government weaves a complicated tale—one in which the Russian administration voices support for the Indigenous populations while removing protections for these same peoples.

The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi

Ocean and Coastal Law Journal

No abstract provided.

Freedom Of Religion And Belief In The Indonesian State Of Law: Dualism Of Conceptual Interpretation And Constitutional Court Decision, Dixon Sanjaya, Akhlish Aulia Rahim

Jurnal Konstitusi & Demokrasi

Religious life in Indonesian state of law is still faced with friction and instability. This is due to dualism of interpretation of constitutional norms, differences in human rights perspectives on the freedom of religion and belief, and conflicts over statutory regulations. This research analyzes the concept of freedom of religion and belief (Religious Freedom) by conceptually exploring the discourse on relationship between religion and state and mapping the Constitutional Court's decision on commitment of the Religious Freedom. Normative juridical research is carried out using case, historical, and conceptual approaches. The finding is that relationship between state and religion is conceptually …

The Role Of The International Society In Implementing Principle Of Rohingya Crisisthe Responsibility To Protect – With Special Reference To Myanmar –, Hiba Mdawar

Al Jinan الجنان

Regarding the importance of the human rights and the need to ensure a worldwide respect and fulfilment, the international community has always attempted to find adequate measures to guarantee this protection as part of the United Nations’ member States commitment to the UN Charter. The international community has developed a new mechanism to hopefully replace the principle of intervention, that is the “Responsibility to Protect”. This new mechanism is still yet under controversies and doubts, but nevertheless it is a tool to put an end to human rights violations namely when it comes to the right of life. To ignore …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Importance Of Administrative Appeals As Second Instance Bodies To Strengthen Migration And Asylum Systems, Gabriela Richard Rodriguez

Refugee Law & Migration Studies Brief

According to data from UNHCR's Report, "Global Trends - Forced Displacement in 2022," there were 108.4 million forcibly displaced people worldwide in 2022; in the first half of 2023 alone, there were 110 million displaced people, indicating that 2023 could double the figures of 2022. Based on my experience as an administrative judge in the Administrative Migration Tribunal in Costa Rica— a body of second instance in the migration system— I consider that, in view of the impact that the migration and asylum systems had had in countries of transit and destination, it is essential that there be second instances …

Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit

Refugee Law & Migration Studies Brief

Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding …

Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia

Refugee Law & Migration Studies Brief

CBP One is a mobile app that allows asylum seekers to schedule appointments for inspection before entering the United States ("U.S."). First, this paper will discuss the ethical issues posed by CBP One—specifically asylum seekers' unequal access to the app. Second, this paper will examine the equal protection implications posed by CBP One and the application of constitutional rights to noncitizens inside and outside the U.S. Next, it will address the ongoing litigation concerning the extension of constitutional rights to noncitizens arriving at the southern border. Lastly, it will discuss the incompatibility of CBP One with the Immigration and Nationality …

Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure

Lux et Fides: A Journal for Undergraduate Christian Scholars

Despite the wide body of research that supports the benefits of education in reducing poverty and empowering individuals, women around the world continue to face significant barriers to schooling. This paper examines key social norms and aspects of poverty hindering the path to education for girls and women, proposing the use of cash transfers to promote education worldwide. Case studies of two different cash transfer programs, PROGRESA in Mexico and SCTP in Malawi, are evaluated in terms of their effectiveness in providing opportunities for schooling and promoting women's empowerment.